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Anderson v. Duke

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


January 28, 2008

LESSIE ANDERSON, PLAINTIFF,
v.
LOYCE DUKE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Norman A. Mordue, Chief Judge

ORDER

The above matter comes to me following a Report-Recommendation by Magistrate Judge David E. Peebles, duly filed on the 4th day of January, 2008. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.

After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is

ORDERED, that:

1. The Report-Recommendation is hereby approved.

2. The defendants' motion for summary judgment dismissing plaintiff's complaint in its entirety (Dkt. No. 50) is granted in all respects, with prejudice as against defendants Duke, McLaughlin and Testo but without prejudice as against the defendant identified only as "Watch Commander.".

3. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.

IT IS SO ORDERED.

20080128

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